How does the USPTO handle conflicting instructions in patent application submissions?
The USPTO has specific procedures for handling conflicting instructions in patent application submissions: As per 37 CFR 1.495(g), applications with conflicting instructions regarding treatment under 35 U.S.C. 111(a) or 371 will be treated as national stage submissions under 35 U.S.C. 371. The MPEP states: “Where applicant’s initial submission under 35 U.S.C. 371 contains conflicting instructions…
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